George Monbiot writes: For years it seems impregnable, then suddenly the citadel collapses. An ideology, a fact, a regime appears fixed, unshakeable, almost geological. Then an inch of mortar falls, and the stonework begins to slide. Something of this kind happened over the weekend.
When Desmond Tutu wrote that Tony Blair should be treading the path to The Hague, he de-normalised what Blair has done. Tutu broke the protocol of power – the implicit accord between those who flit from one grand meeting to another – and named his crime. I expect that Blair will never recover from it.
The offence is known by two names in international law: the crime of aggression and a crime against peace. It is defined by the Nuremberg principles as the “planning, preparation, initiation or waging of a war of aggression”. This means a war fought for a purpose other than self-defence: in other words outwith articles 33 and 51 of the UN Charter.
That the invasion of Iraq falls into this category looks indisputable. Blair’s cabinet ministers knew it, and told him so. His attorney general warned that there were just three ways in which it could be legally justified: “self-defence, humanitarian intervention, or UN security council authorisation. The first and second could not be the base in this case.” Blair tried and failed to obtain the third.
His foreign secretary, Jack Straw, told Blair that for the war to be legal, “i) there must be an armed attack upon a state or such an attack must be imminent; ii) the use of force must be necessary and other means to reverse/avert the attack must be unavailable; iii) the acts in self-defence must be proportionate and strictly confined to the object of stopping the attack.” None of these conditions were met. The Cabinet Office told him: “A legal justification for invasion would be needed. Subject to law officers’ advice, none currently exists.”
Without legal justification, the attack on Iraq was an act of mass murder. It caused the deaths of between 100,000 and a million people, and ranks among the greatest crimes the world has ever seen. That Blair and his ministers still saunter among us, gathering money wherever they go, is a withering indictment of a one-sided system of international justice: a system whose hypocrisies Tutu has exposed. [Continue reading…]